Dioxane

EPA Finishes Risk Evaluation of 1,4-Dioxane under TSCA, Initiates Risk-Management Actions

Over the last six years, our firm has written extensively about 1,4-Dioxane, from U.S. EPA’s proclamations to state laws and regulations, litigation, and distinctions between federal and state perspectives. (see compilation of blog posts here.)

Today we are providing an update on the EPA’s final revised Unreasonable Risk Determination for 1,4-Dioxane, which includes new air and water exposure pathways that had not been previously evaluated, as well as evaluation of 1,4-Dioxane generated as a byproduct. 

According to EPA, 1,4-Dioxane is primarily used as …

Continue Reading

A salted battery: will sodium-ion technology change the electric-power game?

We have relied upon lithium-ion batteries to power electric vehicles and mobile phones, among other things, almost since the inception of their respective industries. But the mining and processing necessary to manufacture these batteries provides one of their major drawbacks—not only does their production pose environmental and human costs, but their improper disposal can inject toxins into the environment.

Sodium, which is both cheaper and more environmentally friendly than lithium, recently emerged as a promising alternative. Sodium-ion batteries also last much longer than their lithium-based …

Continue Reading
Molecules

What the TFA! Is Trifluoroacetic Acid Another “Forever Chemical” on the Rise?

A couple of months ago, our blog published an article on the exploding ubiquity of Trifluoroacetic acid (TFA) in the environment.

TFA is a breakdown product of several hydrochlorofluorocarbons (HCFC). It is regulated under the Montreal Protocol (MP), and hydrofluorocarbons (HFC) used mainly as refrigerants.

Trifluoroacetic acid is (1) produced naturally and synthetically, (2) used in the chemical industry, and (3) a potential environmental breakdown product of a large number (>1 million) chemicals, including pharmaceuticals, pesticides, and polymers.

In 2016, EPA stated that the “formation …

Continue Reading
Red and white molecules

The Devil You Know… is not TFA (yet)

Through the modern industrial age, there’s always been a push-and-pull between the utility of our innovations and the risks they often inadvertently create. In the 70’s, we discovered the synthetic pesticide that was so effectively combating typhus and malaria, DDT, was causing breast cancer and impairing neurological development in babies. In the 80’s and 90’s, the CFCs that we used as aerosol propellants and refrigerant turned out to be damaging to the ozone layer.

Recently, it’s gotten more complicated: We still enjoy the increased power …

Continue Reading
High Angle View Of Beach

Who Owns the Beach? A Waterfront Case in Maine Makes Waves

As coastal erosion continues to shrink beaches, the sand that remains has become ever more valuable; and in Maine, a battle over the beach has reached the state’s highest court.

In most coastal states, the intertidal land — (the land subject to the ebb and flow of the tides) — is owned by the state in trust for the public under the public trust doctrine. Thus, the public is generally entitled to use the intertidal zone for recreational purposes. Maine is one of only a few …

Continue Reading
Aerial view of Planet Earth with clouds

GAO Study Greenlights Commercial Space Transportation

The Federal Aviation Administration (FAA) is responsible for licensing the companies that charter private space transportation. To issue a license for commercial space travel, the FAA is required under the National Environmental Policy Act to assess how their licensees’ activities may impact the environment.

FAA policy requires before issuing a license for space travel that the agency assess 14 separate categories, including noise, coastal resources, and land use, for potential environmental impact. In addition to this environmental review, the FAA also assesses how commercial space …

Continue Reading
AI background graphic

AI – Environmental Friend or Foe?

Recently, there’s been much discussion about the potential benefits that artificial intelligence can bring to climate change regulation. 

For example, advanced technology, such as satellite data, is being used to identify large emission events — (see ELM’s recent methane rule finalization coverage here and ELM’s previous AI coverage here). AI also is being used to monitor rising sea levels along the United States’ coastlines — (see ELM’s previous sea level coverage here). 

Less consideration, however, has been given to the potential adverse impacts …

Continue Reading
Water faucet

EPA Enforcement Alert: It’s Critical for Community Water Systems to Review Cybersecurity Protections

The Environmental Protection Agency earlier this week issued an enforcement alert, explaining cybersecurity threats and vulnerabilities to community drinking water systems (CWSs) and actions needed by these systems in order to comply with the Safe Drinking Water Act (SDWA).

The alert is part of a government-wide effort – led by the National Security Council and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency – to reduce the nation’s infrastructure and cybersecurity vulnerabilities. EPA issued the alert because threats to, and attacks on, the nation’s water system …

Continue Reading
Hand with a spatula renovating the paint.

Don’t you know that you’re toxic? EPA spears most uses of controversial solvent.

In late April, the U.S. Environmental Protection Agency issued a ban on most uses of methylene chloride, a toxic solvent used for paint stripping and linked to over 85 deaths in the last 45 years. The ban forbids all consumer use of the substance, as well as most industrial and commercial uses. TheEPA did not completely ban all uses — it did allow some exemptions for the military, in addition to makers of climate-friendly coolants and electric-vehicle components.

Users often employ methylene chloride to refinish bathtubs …

Continue Reading
Thick smoke rising from chimneys

Attorneys General from 23 States Petition to End EPA’s Use of Disparate Impact In Regulating Pollution

Attorneys General from 23 states have filed a petition for rulemaking with the Environmental Protection Agency demanding the agency stop using Title VI of the Civil Rights Act of 1964 when regulating pollution. The petition, the main signatory of which is Florida Attorney General Ashley Moody, comes on the heels of a decision in Louisiana v. EPA, No. 2:23-cv-692, 2024 WL 250798 (W.D. La. Jan. 23, 2024), where the EPA was enjoined from enforcing any Title VI based requirements on the state based on …

Continue Reading